Do I have to let the father of my daughter see her before we have established custody through the court?

I have not filed for child custody yet. I am in the process of filling out the paperwork. Do I have to let the father see the child before anything has been set up legally?

Asked on July 25, 2012 under Family Law, Utah


Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

No.  But, if you do not have a good reason to deny visitation, it does not look good. At some point in time, the court will consider who to award permanent custody to.  In doing so, they look to see which parent is going to comply with the court orders.  The father's attorney will surely say that make up visitation is in order and he would be the better custodian because he will allow you liberal visitation.

Of course, if there is a reason to deny visitation, by all means deny.  You do not want to open yourself up to a failure to protect allegation.  What I mean, is you would not want to let your child go with someone who is a drug addict or has a suspended licesne. 

Hope this helps.

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